Estate Planning for Wayne County, Utah Property Owners

For most Wayne County homeowners, the house is what drags an estate into probate. A transfer-on-death deed or a living trust keeps it out—here is how to set up either one and record it locally.

For a Wayne County property owner, the biggest probate risk is the home itself. Real estate is what forces most families into the District Court. The two tools that keep a Wayne County home out of probate are a transfer-on-death deed recorded with the County Recorder, and a revocable living trust that holds title to the property.

Without a recorded beneficiary designation or a trust, Wayne County property passes through the District Court — even simple Utah probates run 4+ months and start with $375 in filing fees.

Record a Transfer-on-Death Deed in Wayne County

A transfer on death deed names a beneficiary who receives Wayne County property automatically at the owner's death, without probate. It is recorded with the County Recorder during the owner's lifetime and can be revoked at any time.

Before recording, an Utah transfer on death deed is signed with notary acknowledgmentUtah Code 75-6-401 to 75-6-419Verified Oct 19, 2026View source. The deed takes effect only if it is recorded before the owner's deathUtah Code 75-6-401 to 75-6-419Verified Oct 19, 2026View source.

Where to Record Property Documents

Deeds and other real property documents for Wayne County are recorded with the County Recorder at 18 South Main Street, Loa, UT 84747. Phone: 1-435-836-1303. Hours: Monday-Friday 8:00 AM-12:30 PM and 1:00 PM-5:00 PM.

Documents submitted by mail go to P.O. Box 187, Loa, UT 84747.

The County Recorder charges $45 flat, regardless of page count. Recording a 2-page transfer on death deed in Wayne County comes to $45. No transfer tax applies to a transfer on death deed.

Wayne County accepts electronic recording.

Recording Office Record

County Recorder

Wayne County

Hours

Monday-Friday 8:00 AM-12:30 PM and 1:00 PM-5:00 PM

Office

18 South Main Street, Loa, UT 84747

E-recording

available

Mail

P.O. Box 187 Loa, UT 84747

Verified October 17, 2026 · Source

Estate Planning Attorneys Serving Wayne County

Solo PracticeProvo, UT

Legacy Bridge Legal

Serves 29 counties

Provo estate planning practice of attorney Marne Pehrson, with offices in Lehi, Sandy, Salt Lake City, Park City and Heber City, serving Duchesne, Uintah and Daggett counties through virtual meetings and in-person appointments. Drafts wills and trust-based estate plans for parents and homeowners, including guardian nominations for minor children, at flat fees set at the first planning meeting.

PracticesEstate Planning

Office
412 W. Rivers Edge DriveProvo, UT 84604
Free consultationVirtual consultations

FirmSt. George, UT

Barney McKenna & Olmstead, P.C.

Serves 4 counties

St. George firm with its main office downtown and offices in Mesquite, Nevada, plus by-appointment offices in Hurricane, Cedar City, Panguitch, and Richfield. Practices estate planning alongside business, real estate, and litigation work, with attorneys licensed in Utah, Nevada, Arizona, Washington, and California.

PracticesEstate Planning

Office
43 S. 100 E., Suite 300St. George, UT 84770

FirmDraper, UT

Legacy Peak Estate Planning Law by Cutler | Riley

Serves the whole state

Draper estate planning firm with a second office in Kaysville, working with clients throughout Utah. Handles uncontested informal probate for a $2,000 flat attorney fee plus court filing fees, preparing the paperwork to appoint a personal representative; the firm does not take contested probate, will challenges, or inheritance disputes. Also prepares flat-fee will- and trust-based estate plans.

PracticesEstate PlanningProbateSpecial Needs PlanningAsset Protection

Office
11681 S 700 E, Suite 150Draper, UT 84020
Free consultationVirtual consultations

FirmProvo, UT

Fillmore Spencer LLC

Serves the whole state

Provo firm of about 20 attorneys serving Utah Valley, with offices in Murray, St. George, and Gilbert, Arizona. Assists executors and administrators through probate, helps trustees meet their deadlines and fiduciary duties, defends trust administrators in litigation, and handles guardianships, conservatorships, Medicaid planning, and elder abuse matters.

PracticesEstate PlanningTrust AdministrationProbateProbate Litigationand 9 more

Office
3301 North University AvenueProvo, UT 84604
Free consultation

FirmLogan, UT

Harris, Preston & Chambers, LLP

Since 1910 · Serves the whole state

Logan firm that has served Cache Valley since 1910 and practices across Northern Utah, with members who have served as county attorneys in Cache and Rich counties. Its estate and tax planning practice prepares wills, probate avoidance trusts, life insurance trusts, defective grantor trusts and irrevocable trusts, and advises on the tax consequences of a plan and on who will administer the estate.

PracticesEstate PlanningTax PlanningBusiness LawPersonal InjuryReal Estate

Office
31 Federal AveLogan, UT 84321

FirmLogan, UT

Hillyard, Anderson & Olsen, P.C.

Serves the whole state

Logan firm that has represented Cache Valley and clients across Utah since the 1960s, with attorneys also licensed in Idaho. Opens probate and intestate administration for personal representatives, petitions to determine heirs, and litigates will contests and executor disputes over capacity, undue influence and breach of fiduciary duty.

PracticesEstate PlanningProbateProbate LitigationTax Planningand 5 more

Office
595 S Riverwood Pkwy, Suite 100Logan, UT 84321
Free consultation
See all 9 firms serving Wayne County →

Firm listings are for informational purposes only. SimplyTrust does not endorse or recommend any specific firm or attorney. Contact firms directly to verify their current practice areas and availability.

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Legal Sources

Data sourced from Utah statutes and official state code. How we research.

Forms for Planning Your Estate in Utah

Free forms for planning your estate in Utah: will, living trust, pour-over will, powers of attorney and TOD deed. Prepare each form for Utah.

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Last Will and Testament

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Healthcare Power of Attorney

Utah requires 1Utah Code § 75A-9-110 (formerly § 75A-3-303)Verified Oct 15, 2026View source witness for a healthcare power of attorney; notarization is not requiredUtah Code § 75A-9-110 (formerly § 75A-3-303)Verified Oct 15, 2026View source.

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HIPAA Release

In Utah, a HIPAA release names who may receive your records; the state regulates HIV/AIDS-related information, mental health records and substance abuse treatment recordsUtah Code § 26B-7-217(1), (2)(a) (Renumbered & Amended by Ch. 308, 2023 Gen. Sess.); Utah Code § 58-60-114(1) (Amended by Ch. 329, 2023 Gen. Sess.); Utah Code § 62A-15-707(1) (Renumbered 5/3/2023)Verified Jun 19, 2026View source above the federal rule, and the document carries each rule.

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Financial Power of Attorney

Utah treats a power of attorney as durable by defaultUtah Code § 75A-2-105Verified Sep 20, 2026View source, and it is signed before a notaryUtah Code § 75A-2-105Verified Sep 20, 2026View source.

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Transfer on Death Deed

In Utah, a transfer on death deed is signed before a notaryUtah Code 75-6-401 to 75-6-419Verified Oct 19, 2026View source, then recorded with the county before the owner's deathUtah Code 75-6-401 to 75-6-419Verified Oct 19, 2026View source. Utah does not recognize a Lady Bird deed.

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Living Will

In Utah, the living will is the Advance Health Care DirectiveUtah Code Title 75A, Ch. 9 (Uniform Health Care Decisions Act), §§ 75A-9-101 to 75A-9-129 (S.B. 134, 2025 General Session, effective January 1, 2026)Verified Sep 27, 2026View source, a written instruction that is valid with no agent named.

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Pour-Over Will

In Utah, a pour-over will is signed before 2Utah Code § 75-2-502Verified Oct 19, 2026View source witnesses and moves anything left outside the trust into it through probate.

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In Utah, a will is signed before 2Utah Code § 75-2-502Verified Oct 19, 2026View source witnesses, and notarization is not requiredUtah Code § 75-2-502Verified Oct 19, 2026View source.

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In Utah, a will-based plan pays probate attorney fees of typically 2.2%Modeled estimate under Utah Code § 75-3-718 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.5%Modeled estimate under Utah Code § 75-3-718 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; a funded revocable trust keeps those assets out of probate and off that fee.

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Probate in Utah takes 4 months to 6 months for a simple estate and charges attorney fees of typically 2.2%Modeled estimate under Utah Code § 75-3-718 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source to 3.5%Modeled estimate under Utah Code § 75-3-718 (reasonable compensation; no statutory percentage): the hours the statutory fee schedules imply, at the state's surveyed hourly rateVerified Sep 8, 2026View source of the estate; assets held in a revocable trust skip both.

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